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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
1..
Reasons
1. Basic facts
A. On or around September 2008, the Plaintiff owned the fourth floor No. 422 (hereinafter “instant store”) among the building B located in Won-si, Seoul (hereinafter “instant building”). The Defendant is a management body established with sectional owners of the instant building as its members pursuant to the Act on Ownership and Management of Condominium Buildings.
B. Article 41(3) of the Defendant’s Building Management Regulations provides that “electric power rates include electric rates used separately for each unit and common electricity rates used for each unit, and common electricity rates shall be allocated according to the ratio of the area of each store (referring to the sum of common electricity rates used for the use by passage, etc., stairs, etc., and toilets and other business operators and customers; and the individual electricity rates shall apply to the amount used by inspection of each unit for each store.”
C. From February 2004 to September 2008, the Plaintiff paid KRW 16,135,173 to the Defendant the unpaid management expenses for the instant store during the period of 56 months.
On the other hand, the store of this case was established from April 201 to September 201, 201, and the Plaintiff paid management expenses to the Defendant during the above period.
Defendant C. The Plaintiff
The details of management expenses imposed during the respective periods of the entry in the port include (exclusive) household electricity charges, (public) basic electricity charges other than the items of the common electricity charges, (public) basic electricity charges, and (public) the items of the Fund, and the defendant imposed the amount equivalent to (public) common electricity charges, (public) basic electricity charges, and (public power funds according to the ratio of the area of the store of this case.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3 through 11, purport of the whole pleadings
2. The assertion and judgment
A. The plaintiff asserts that the parties concerned is the basic electricity charges and the electricity funds among the management expenses for the store of this case constitute individual electricity charges under the building management regulations of the defendant.